(A)
The board may
refuse to admit for examination, issue, renew, or may suspend, revoke,
reprimand or place restrictions on any license or certificate applied for under
Chapter 4758. of the Revised Code, or may take other disciplinary action
against any licensee, certificate holder or applicant for one or more of the
following reasons:

(1)
Violation of any
provision of Chapter 4758. of the Revised Code or any rules adopted under
it.

(2)
Knowingly making a false
statement on an application for a license or certificate or for renewal,
restoration or reinstatement of a license or certificate.

(3)
Acceptance of a commission or rebate for
referring an individual to a person who holds a license or certificate issued
by, or who is registered with, an entity of state government, including persons
practicing chemical dependency counseling, alcohol and other drug prevention
services, or fields related to chemical dependency counseling or alcohol and
other drug prevention services.

(4)
Conviction in this or any other state of any crime that is a felony in this
state.

(5)
Conviction in this or
any other state of a misdemeanor committed in the course of practice as an
LICDC-CS, LICDC, LCDC III, LCDC II, CDCA, OCPS
II, OCPS I, OCPSA or RA.

(6)
Inability to practice as an
LICDC-CS, LICDC, LCDC III, LCDC II, CDCA, OCPS,
II, OCPS I OCPSA or RA due to abuse of or
dependency on alcohol or other drugs or other physical or mental
conditions.

(8)
Practicing without complying with
supervision requirements specified under section
4758.56 ,
4758.59 or
4758.61 of the Revised
Code.

(9)
Violation of the code of
ethical practice and professional conduct for chemical dependency counseling,
alcohol and other drug prevention services or clinical supervision outlined in
rules 4758-8-01 to
4758-8-03 of the Administrative
Code.

(10)
Revocation of a license
or certificate or voluntary surrender of a license or certificate in another
state or jurisdiction for an offense that would be a violation of section
4758.30 of the Revised
Code.

(11)
Failure to meet
education, experience, examination, and other requirements set forth in Chapter
4758. of the Revised Code;

(B)
Authority of the board to take action
against an applicant, licensee or certificate holder:

(1)
A violation of any of the rules of
conduct or ethical rules may result in one or more of the following
disciplinary actions:

(2)
Past disciplinary actions taken against a
licensee or certificate holder of this board may be considered in the choice of
sanctions for a new offense. Section of sanctions to be imposed shall be at the
discretion of the board after the licensee has been provided a right to a
hearing pursuant to Chapter 119. and as outlined in section
4758.30 of the Revised
Code.

(C)
Persons
wishing to file a complaint against a licensee or certificate holder of this
board or against someone seeking licensure may do so by obtaining and
completing a written complaint form or by mailing a letter to the board to the
attention of the executive director which details the complaint.

(D)
The board may also initiate an
investigation against a licensee or certificate holder without a written
complaint, if the board has reason to believe that the licensee or certificate
holder is practicing in violation of the laws and rules outlined in Chapter
4758. of the Revised Code or agency 4758 of the Administrative Code.

(E)
Pursuant to Chapter 119. and Chapter
4758. of the Revised Code, the board shall give the applicant, licensee or
certificate holder written notice by certified mail, return receipt requested,
if it intends to propose to reprimand, suspend, revoke, place restrictions on
or fail to issue or renew the license or certificate. The notice shall include:

(1)
The standards with which the applicant,
licensee or certificate holder was alleged to be in non-compliance or other
reason(s) for the action;

(3)
A statement informing the applicant,
licensee or certificate holder that he or she is entitled to a hearing if
requested within thirty days of the time of the mailing of the
notice;

(4)
A statement that at a
hearing, the applicant, licensee or certificate holder may appear in person or
be represented by his or her own attorney, at the expense of the applicant,
licensee or certificate holder, or may present his or her position, arguments
or comments in writing and at the hearing each party may present evidence and
examine witnesses appearing for and against the applicant, licensee or
certificate holder. A copy of the notice shall be mailed to the attorney of
record representing the applicant, licensee or certificate holder, if
applicable.

(F)
If the
applicant, licensee or certificate holder requests a hearing, the board shall
set a date, time and place for the hearing within fifteen days, but not earlier
than seven days, after the applicant, licensee or certificate holder has
requested a hearing unless otherwise agreed upon by the board and by applicant,
licensee or certificate holder. The hearing can be continued at the discretion
of the board. A copy of the hearing notice shall be mailed to the respondent
and attorney of record for the applicant, licensee or certificate holder, if
applicable.

(1)
The board shall conduct the
adjudication hearing following the procedures in section
119.09 of the Revised Code and
among other things may appoint a referee or hearing examiner to conduct the
proceedings and make recommendations as appropriate. The referee or examiner
shall have the same powers and authority in conducting the hearing as is
granted to the board.

(2)
The board
shall provide the applicant, licensee or certificate holder a certified copy of
its decision by certified mail, return receipt requested.

(3)
If the board's decision after the hearing
is to reprimand, suspend or revoke a license, the applicant, licensee or
certificate holder shall be informed of the right to appeal within fifteen days
of the mailing of the notice of the board's decision.

(4)
If the applicant, licensee or certificate
holder decides to appeal the board's decision, the respondent shall appeal the
board's decision to the Franklin county court of common pleas. The notice of
appeal of the respondent is to be filed with the board and must state the
grounds for the appeal. A copy of the appeal shall be filed with the Franklin
county court of common pleas.

(5)
Within thirty days after receipt of the notice of appeal, the board shall file
with the court a complete record of the proceedings in the case by certified
mail, return receipt requested, or by hand delivery, if acceptable to the
court.

(G)
If the board
decides to revoke or deny the issuance of a license or certificate, the
applicant, licensee or certificate holder may reapply for the issuance of a
license or certificate or apply for reinstatement of a license or certificate
one year after the denial or revocation of the license or
certificate.